Substantial modifications in Texas surface water laws have occurred from time to time to a much greater extent than in other aspects of property law.

For this reason, one can best understand the Texas law of surface water rights today by reviewing its historical evolution. The evolution of surface water law in Texas is unique due substantially to the State's governmental and legal history, and the politics at a point in time motivated by social and historical events, and economic considerations, which are all often driven by nature. Droughts and water shortage, as well as floods, often have been followed by changes in water law. This paper traces that history and its effect on surface water law, culminating in the establishment of the prior appropriation and permitting system in effect today. MORE